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California Supreme Court,
Administrative/Regulatory

Jul. 7, 2022

DAs want ruling on disclosures for infractions depublished

The question is whether San Diego County Superior Court’s appellate division was correct in concluding in April that the city attorney’s failures warrant dismissal of the case under Brady v. Maryland (1963) 373 U.S. 83.

The California District Attorneys Association is asking the state Supreme Court to depublish a decision concluding a homeless man’s constitutional rights were violated because prosecutors failed to disclose Brady materials in an infraction case.

It has drawn attention from the prosecutors’ association, the ACLU and a number of defense attorneys who are debating whether the decision should remain published and citable in cases across Califo...

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